If you were injured in a crash caused by someone who later passed away, you might wonder whether you can still pursue compensation. The Lincoln Vehicle Accident Attorneys at Inkelaar Law explain that under Nebraska law, you can still file a claim—just not directly against the individual. Instead, your claim is made against the deceased driver’s estate or their insurance company.
This process can be complex and time-sensitive, but understanding your rights can make a significant difference in how successfully you recover medical bills, lost income, and other damages after a serious collision.
According to the Nebraska Department of Transportation, Lancaster County sees hundreds of car crash injuries every year. Even if a negligent driver dies, their estate or auto insurance may still bear legal responsibility for the harm caused. Below, we’ll explain how these claims work and how vehicle accident lawyers in Lincoln, NE help victims navigate them.
After a serious collision, victims often face overwhelming challenges: hospital bills, missed work, and long-term recovery. When the at-fault driver dies—whether from the crash itself or unrelated causes—many victims mistakenly believe their right to compensation disappears.
That’s a common misconception. Under Nebraska Revised Statute §25-1401, injured victims can pursue claims against a deceased individual’s estate. This ensures that negligent parties remain accountable, and victims can still recover compensation through the driver’s insurance or estate assets.
You are not suing the deceased’s family members personally.
The claim targets insurance coverage or estate assets tied to the driver.
These cases must be handled carefully to respect all parties while protecting your legal rights.
Local car crash lawyers in Lincoln, NE emphasize that estate-based claims can be sensitive but are necessary to achieve justice and financial recovery.
Navigating estate-related accident claims involves probate law, insurance negotiations, and strict procedural deadlines. That’s why having an experienced Lincoln vehicle accident attorney by your side is essential.
Your attorney can help you:
File a claim against the correct estate or insurance company.
Locate and verify the probate case (often filed in Lancaster County or the at-fault driver’s home county).
Meet Nebraska’s statute of limitations and probate deadlines.
Negotiate with insurance adjusters and estate representatives.
Gather and preserve key evidence, including police reports, medical documentation, and witness statements.
A knowledgeable auto accident lawyer in Lincoln, NE ensures your case is filed correctly and within all legal timelines so you don’t lose your right to recover damages.
Fatal car accidents in Nebraska often involve the same factors that cause severe or deadly crashes statewide. Common causes include:
Speeding – A leading cause of serious and fatal collisions in Lancaster County.
Distracted driving – Texting, calling, or inattention remains a top cause of preventable crashes.
Driving under the influence – Alcohol or drugs frequently contribute to deadly accidents.
Medical emergencies or fatigue – Sudden health issues can lead to a fatal loss of control.
Even if the at-fault driver died during the accident, their insurance coverage remains valid for claims related to that crash. Nebraska law ensures that injured parties can still recover for damages such as hospital bills, pain and suffering, and lost income.
Many crash victims hesitate to take legal action after learning that the responsible driver has died. Below are common myths—and the facts that Lincoln personal injury lawyers want you to know:
Myth 1: “You can’t sue someone who’s deceased.”
Fact: You can file a claim against their estate or insurance company. Nebraska law allows you to hold the deceased driver’s estate responsible for the harm caused while they were alive.
Myth 2: “Insurance policies end when the driver dies.”
Fact: The driver’s insurance coverage still applies for accidents that occurred while they were alive. Insurance companies remain legally obligated to pay valid claims.
Myth 3: “Pursuing a claim hurts the family financially.”
Fact: Estate or insurance claims generally target insurance coverage—not the personal finances or assets of surviving family members. These cases seek accountability through available coverage, not punishment of the family.
Consulting a personal injury lawyer in Lincoln, NE early ensures your claim is filed properly and before critical probate deadlines expire.
Here’s a simplified process from Nebraska vehicle accident lawyers to help you understand how to proceed after discovering the at-fault driver has passed away:
1. Confirm the Driver’s Death and Estate Status
Check public probate court records or contact the county court to determine if an estate has been opened.
2. Identify the Personal Representative
This person, sometimes called the executor, manages the estate’s legal affairs and will be the correct party to name in your claim or lawsuit.
3. File the Claim Within the Statute of Limitations
Nebraska generally allows four years from the date of the crash for personal injury claims. However, shorter time limits may apply once the estate enters probate—often within two months of notice to creditors.
4. Notify the Insurance Company
Even if the driver has passed away, their insurer remains liable for valid claims arising from the crash. A Lincoln vehicle accident attorney can handle all communications with insurers on your behalf.
5. Document Your Damages
Keep detailed records of your medical expenses, rehabilitation costs, lost wages, and emotional distress. This documentation will be crucial when negotiating settlement terms.
6. Work With an Experienced Attorney
Estate-related claims can involve both probate and civil courts. Partnering with attorneys for car wrecks in Lincoln, NE, helps ensure no procedural errors jeopardize your right to compensation.
A few important statutes govern how and when claims against a deceased driver’s estate can be filed:
Neb. Rev. Stat. §§25-1401 to 25-1416 – Allows civil claims against a deceased individual’s estate.
Neb. Rev. Stat. §30-2486 – Sets time limits for filing claims in probate proceedings.
Comparative Negligence (§25-21,185.09) – You can still recover compensation as long as you are less than 50% at fault for the accident.
Additionally, if alcohol contributed to the crash, Nebraska’s dram shop laws or uninsured/underinsured motorist coverage may apply. A qualified personal injury attorney in Lincoln, NE can evaluate all potential recovery sources to maximize your compensation.
From decades of combined experience, Inkelaar Law’s vehicle accident lawyers in Lincoln have handled numerous complex cases involving deceased at-fault drivers. Our experience has shown that:
Evidence and timing are everything. Estate claims depend heavily on prompt action and strong documentation.
Communication is critical. Coordinating with probate attorneys, insurance adjusters, and the estate’s representative helps resolve claims efficiently.
Compassion and persistence matter. Balancing empathy for grieving families with assertive legal advocacy ensures fair and respectful outcomes.
Our Lincoln personal injury attorneys focus on helping clients recover compensation for:
Current and future medical care
Lost income and reduced earning potential
Pain and emotional suffering
Property damage and other related expenses
Inkelaar Law is a respected Nebraska law firm with offices in Lincoln and Omaha, dedicated to representing individuals injured in motor vehicle accidents, wrongful death cases, and other serious injury claims.
What Sets Us Apart:
If you’ve been injured in a crash caused by someone who has since passed away, don’t assume you have no legal options. Our Lincoln Vehicle Accident Attorneys are here to help you file your claim properly and pursue the compensation you deserve.
The law limits how long you have to take action after a crash. Waiting too long can cause you to lose your right to recover damages—especially once an estate closes or probate deadlines pass.
If you’ve been injured in a parking garage accident or any vehicle collision in Nebraska, don’t wait to get the help you need. Contact Inkelaar Law today for a free consultation. You can call us or easily schedule your appointment online—our friendly intake team is ready to guide you through the process, answer your questions, and connect you with one of our experienced auto accident attorneys in Lincoln, NE.
Disclaimer: The information contained in this article is for general educational purposes only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation. For specific legal advice, please consult with an attorney who is qualified to handle your case.
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